Restrepo v. Jaramillo
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, New York County. Action by Luciano Restrepo and another against Alfonso Jaramillo and others. From an order denying defendants’ motion to vacate an attachment, they appeal. Reversed, and motion granted.
1Opinion of the CourtScott, J.
The papers upon which the attachment was granted, and on which the motion to vacate is based, are fatally defective. The action is for unliquidated damages, and there is nothing in the papers upon which the court can determine what damages, if any, the plaintiffs are entitled to recover. James v. Signell, 60 App. Div. 75, 69 N. Y. Supp. 680; Haskell v. Osborn, 33 App. Div. 127, 53 N. Y. Supp. 361.
It follows that the order appealed from must be reversed, with $10 costs and disbursements, and the motion granted, with $10 costs. All concur.
2Cases cited3 opinions
- Haskell v. OsbornAppellate Division of the Supreme Court of the State of New York · 1898
- James v. SignellAppellate Division of the Supreme Court of the State of New York · 1901
- James v. SignellAppellate Division of the Supreme Court of the State of New York · 1901